40
CAP. 109]
Dutiable Commodities
[1989 Ed.
58. Illegal possession of still or fermented material, etc.
(1) No person shall, except under and in accordance with a licence, or except with the specific approval in writing of the Commissioner or officer authorized by him in that behalf- (Amended L.N. 294 of 1982)
(a) knowingly keep or have in his possession, custody or control any still or part of a still or other utensil or apparatus suitable and intended for manufacturing, making, purifying, refining, distilling, rectifying or processing spirits; (Amended 29 of 1989 s. 6)
(b) have in his possession, custody or control any fermenting or fermented material. (Amended 3 of 1970 s. 25)
(2) No person shall remove any denaturants from any denatured spirits without the specific authority in writing of the Commissioner. (Amended L.N. 294 of 1982)
(3) Where there is insufficient evidence to convict a person of an offence under subsections (1) and (2), but it is proved that such an offence has been committed on some part of the premises belonging to or occupied by that person in such circumstances that it could not have been committed without his knowledge, that person shall be liable on summary conviction to a penalty of $1,000. [cf. 1952 c. 44 s. 106(2)–(5) U.K.]
(4) Any person found on premises on which spirits are being unlawfully manufactured, made, distilled, rectified, purified, refined or processed may be detained. (Amended 3 of 1970 s. 25)
(5) All spirits and all stills, apparatus, vessels, utensils, fermenting or fermented materials or other materials for manufacturing, making, distilling, rectifying, purifying, refining or processing spirits (Amended 3 of 1970 s. 25)
(a) found in the possession of any person who commits an offence under subsection (1); or
(b) found on any premises on which such offence has been committed,
shall be liable to forfeiture.
(6) Notwithstanding any other provisions of this Ordinance relating to goods seized as liable to forfeiture, any member of the Customs and Excise Service by whom anything is seized as liable to forfeiture under this section may at his discretion forthwith spill, break up or destroy that thing.
59. Presumptions in proceedings for illicit distillation, etc.
(1) In any proceedings under this Ordinance relating to illicit distillation, all spirits and all stills, apparatus suitable for distilling, vessels, utensils, fermenting and fermented materials or any chattels or things, whether fixed to
40
CAP. 109]
Dutiable Commodities
[1989 Ed.
58. Illegal possession of still or fermented material, etc.
(1) No person shall, except under and in accordance with a licence, or except with the specific approval in writing of the Commissioner or officer authorized by him in that behalf- (Amended L.N. 294 of 1982)
(a) knowingly keep or have in his possession, custody or control any still or part of a still or other utensil or apparatus suitable and intended for manufacturing, making, purifying, refining, distilling, rectifying or processing spirits; (Amended 29 of 1989 $. 6)
(b) have in his possession, custody or control any fermenting or
fermented material. (Amended 3 of 1970 s. 25)
(2) No person shall remove any denaturants from any denatured spirits without the specific authority in writing of the Commissioner. (Amended L.N. 294 of 1982)
(3) Where there is insufficient evidence to convict a person of an offence under subsections (1) and (2), but it is proved that such an offence has been committed on some part of the premises belonging to or occupied by that person in such circumstances that it could not have been committed without his knowledge, that person shall be liable on summary conviction to a penalty of $1,000. [cf. 1952 c. 44 s. 106(2)–(5) U.K.]
(4) Any person found on premises on which spirits are being unlawfully manufactured, made, distilled, rectified, purified, refined or processed may be detained. (Amended 3 of 1970 s. 25)
(5) All spirits and all stills, apparatus, vessels, utensils, fermenting or fermented materials or other materials for manufacturing, making, distilling, rectifying, purifying, refining or processing spirits (Amended 3 of 1970 s. 25)
(a) found in the possession of any person who commits an offence
under subsection (1); or
(b) found on any premises on which such offence has been
committed,
shall be liable to forfeiture.
(6) Notwithstanding any other provisions of this Ordinance relating to goods seized as liable to forfeiture, any member of the Customs and Excise Service by whom anything is seized as liable to forfeiture under this section may at his discretion forthwith spill, break up or destroy that thing.
59. Presumptions in proceedings for illicit distillation, etc.
(1) In any proceedings under this Ordinance relating to illicit distillation, all spirits and all stills, apparatus suitable for distilling, vessels, utensils, fermenting and fermented materials or any chattels or things, whether fixed to
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